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A Circumstantial Case

10/6/2011

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People often say things like, "it's just a circumstantial case" or "the evidence was all circumstantial."  They say these things as  if "circumstantial" is code for "weak."   In truth, circumstantial evidence can be just reliable and sometimes even more so than direct evidence.

So what exactly is circumstantial evidence?  It's basically evidence that requires an inference to prove something. 

The most common example is rain.  Say you want proof that it was raining this morning.  Direct evidence would be if someone came in and said, "I saw it raining this morning."  Circumstantial evidence would be if the person said they heard distant pitter-patter and later walked outside and saw the ground was wet, and the air smelled fresh and felt moist.

Would you be any less inclined to believe it had rained under the second scenario?  Probably not.  Of course, the reliability of any evidence, whether direct or circumstantial, is only as good as its source.

For more in-depth information, check out my article on direct versus circumstantial evidence.
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    Author

    Blythe Leszkay is a successful and experienced criminal attorney, criminal law professor, and consultant to writers and filmmakers.  See About Me.  This blog is intended to answer common criminal law questions, dispel misconceptions, and explain misunderstood criminal law concepts.  It is also a place to discuss any crime or law related topics of interest.  Contact me for a free initial consultation on your film or writing project.

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